Articles Posted in Division of Property

Today, Millenials, members of “Gen Z,” and many others live much of their lives online. For some influencers and celebrities, it seems that if it did not happen on Instagram (or another social media platform,) it did not happen at all. However, the ever-presence of social media can be a problem when you are going through a divorce. The potential pitfalls are numerous and varied, but by finding and retaining a skilled Maryland divorce lawyer, you can sidestep these possible hazards that otherwise could harm your divorce case.

A recent celebrity divorce case provides a practical example. Teyana Taylor is a singer-songwriter who married Iman Shumpert, a professional basketball player, in 2016. The couple divorced in 2024. After the divorce was finalized, though, the ex-husband allegedly posted a series of documents and reports to Instagram. The Instagram information appeared to show the ex-wife getting a substantial amount in the divorce, including four pieces of real estate worth more than $10 million, a seven-figure cash sum, a $300,000 Maybach vehicle, a $70,000 Mercedes-Benz Sprinter, and a tour bus.

The “leaked” documents created a stir on social media, with many users calling the ex-wife a “gold digger.” The ex-wife fought back this month, filing a request with the court to hold the ex-husband in contempt of court. According to Taylor, Shumpert’s social media disclosure included false reports and court documents that were sealed by the judge. The ex-wife’s legal team asked the judge to impose maximum fines and a 20-day jail stint as punishment for leaking the sealed information.

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One of the most important aspects of any divorce is the division of marital assets and debts. A crucial part of that process is separating marital from non-marital. Sometimes, it is as easy as looking at how an asset or debt account is titled, but in Maryland, that is far from the only relevant factor. Given the importance of fair distribution of debts and wealth, having a knowledgeable Maryland divorce lawyer on your side can be critical to success.

According to the Federal Reserve in New York City, Americans’ collective credit card debt has cleared the $1.2 trillion mark, shattering all previous records in that area. Credit card debt can be a substantial part of married couples’ lives, making it a significant piece of the divorce puzzle when those marriages end.

Such was the case for one Upper Marlboro couple who recently came before the Appellate Court of Maryland.

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Divorce is often an extremely painful time. Different individuals respond to the trauma of divorce in various ways — some more constructive than others. One way of responding to your spouse’s decision to end your marriage that is never helpful is to ignore it (or ignore aspects of the legal case that require you to respond.) Failing to participate in your divorce case can only serve to harm you, including in terms of substantial economic losses. Rather than hiding away from your divorce and your divorce case, seek out an experienced Maryland divorce lawyer instead.

A recent divorce case in Annapolis offers many pointers about what not to do when your spouse initiates divorce proceedings.

The divorce involved a young couple with one child. The husband was in the Navy, while the wife worked as a proposal analyst for a software company. During the litigation, the wife did not comply with multiple “reasonable discovery requests” the husband made. The wife “simply ignored them and/or didn’t respond, and/or didn’t update any discovery responses she did make,” according to the trial court.

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Ideally, all divorces would proceed maturely, respectfully, and collaboratively for the benefit of both spouses (and their children, if any.) Reality tells us that divorces often fall short of this ideal. Divorces bring out strong emotions, and intense emotions sometimes lead spouses to engage in misconduct. When your spouse has done so, one option may be to pursue a finding of contempt of court. Because Maryland law recognizes many types of contempt, it is wise to consult an experienced Maryland divorce lawyer to advise you about pursuing a contempt case.

Earlier this month, the Appellate Court again waded into the contentious divorce of G.S. and T.S. from Caroline County, a dispute that raised many contempt-related issues.

In 2022, the couple worked out a divorce settlement agreement that they placed “on the record” in court during the second day of their divorce trial. The agreement covered terms related to child custody and parenting time and also directed the husband to pay the wife a monetary award of $100,000.

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One does not necessarily expect to unearth beneficial knowledge about the law from the latest celebrity gossip news regarding “reality” television stars. Perhaps there really is a time for everything, as the latest reports about the divorce involving one “Real Housewives” star show offer some valuable clues about what – and what not – to do as you navigate the process of prenuptial agreements, postnuptial agreements, and divorce. One thing that is always a good idea is to contact a knowledgeable Maryland divorce lawyer whenever you have questions.

Ashley Darby, a native of Sandy Spring, Maryland, and one of the featured spouses on “Real Housewives of the Potomac,” filed for divorce from her husband, Michael Darby, earlier this month, according to TMZ. The couple separated in April 2022. The husband told TMZ that the spouses had worked out a mutually agreeable marital settlement agreement, guided in part by the couple’s prenuptial agreement.

According to other sources, including Yahoo! Entertainment News, the couple had multiple agreements.

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Earlier this month, news sources reported that cryptocurrency is now an asset subject to distribution in divorce… in South Korea. While your divorce likely won’t be adjudicated using the laws of South Korea, this new development half a world away is still a significant reminder that digital assets like crypto are an ever-increasing portion of married couples’ asset portfolios and, in Maryland, they are (and have been for several years) subject to equitable distribution in a divorce in this state. If you have questions about your digital assets and equitable distribution, be sure to seek out answers you can rely on by talking to an experienced Maryland divorce lawyer.

In Maryland, we have the Marital Property Act. That statute says that all marital property is subject to equitable distribution. That includes digital assets like Bitcoin, Ethereum, Tether, and other forms of crypto, but these assets present some unique challenges in a divorce. Two of the biggest are: finding it and valuing it.

Let’s tackle the latter first. Valuing crypto is inherently complicated because crypto’s value is much more volatile than other assets. Take Bitcoin, for example, which went from 62,800 to below 32,000 to 52,700 to 42,100 to 67,000… in a span of just seven months in 2021. This rapid and radical shifting can make pinpointing an accurate value of your (or your spouse’s) crypto assets particularly problematic.

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Family law can involve many acronyms, ranging from those related to domestic violence (DVPO) to child support (CCPA.) Even if your divorce involves no children and no violence, there is an acronym that may be important to you: QDRO. QDRO stands for “qualified domestic relations order,” and is a court mechanism by which someone who is not the holder of a pension or retirement account may receive some or all of those funds. When one or both spouses in a divorce have substantial pension/retirement assets, a QDRO can play an integral role in ensuring that the divorce’s property division is fair. For information about how a QDRO might factor into your divorce case, get reliable answers by speaking to an experienced Maryland divorce lawyer.

A QDRO can come into existence in multiple ways. In one instance, the spouses are unable to agree and the judge decides that a non-account-holding spouse is entitled to some or all of the account’s proceeds. The other occurs when the spouses do agree… and their settlement agreement calls for the non-account-holding spouse to get a portion (or all) of an account.

A recent divorce case from Montgomery County is an example of the latter scenario. The spouses worked out a marital settlement agreement (MSA) in which the husband agreed to provide the wife with a fraction of his Federal Employee Retirement System Pension and Thrift Savings Plan. In addition, he agreed to ensure that the required court orders (directing the distribution) were issued.

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Most people probably believe that their divorce settlement agreement or judgment is the final word on the distribution of their marital assets. While that is true in many cases, it is not necessarily so. Understanding when other things may supersede your divorce agreement and dictate a different distribution scheme can be essential to negotiating your settlement agreement effectively. Accomplishing these goals often requires representation from a knowledgeable Maryland divorce lawyer experienced in the various factors – like federal preemption — that can influence a divorce outcome.

One common scenario where this occurs is when your case implicates federal law. How might federal law factor into a Maryland divorce? A recent Montgomery County case offers an illustration.

M.C. and B.C. married in 1999. The wife, then a federal worker, opened a thrift savings plan (TSP) under the auspices of the Federal Employees’ Retirement System Act. On the account’s paperwork, she listed her husband as the sole beneficiary of her TSP.

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Most of us have seen or heard advertisements or sales pitches imploring audiences to “act now” or that an offer is “for a limited time only.” These approaches are common in motivating prospective buyers of appliances, furniture, or vehicles to act. But what about… a spouse in a divorce settlement negotiation? What should you do if you receive an offer that severely restricts your time to respond? One thing you definitely should do before you sign, whether the agreement you are contemplating has a fast-approaching deadline or no signing deadline at all, is to speak to an experienced Maryland divorce lawyer who can give you the advice you need before you make a decision.

A long-running divorce battle from Anne Arundel County offers insight into these settlement agreements and how the courts treat them.

The spouses, T.P. and D.P., began divorce proceedings in 2019 after three years of marriage. After the spouses “engaged in extensive settlement negotiations,” the wife’s attorney sent the husband’s counsel a finalized marital settlement agreement on Sept. 25, 2020. The correspondence that the wife’s counsel attached to the proposed agreement indicated that the offer was valid only if the husband signed and returned the completed agreement that same day.

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When you and/or your spouse own substantial assets, including investments, real estate, and so forth, the likelihood rises that you will need a relatively complex (and perhaps lengthy) settlement agreement. Part of ensuring that the agreement you sign is the agreement you need is ensuring that you have a skilled Maryland divorce lawyer by your side throughout the process, from negotiation to drafting to execution to enforcement.

Proper legal representation is essential, in part, to ensure that the contract you sign is well-written, avoiding unnecessary ambiguities or vagueness that can lead to unwelcome outcomes in the future.

A recent divorce case that originated in Montgomery County is a good example. The case involved a couple who reached a settlement agreement in January 2021 that covered the distribution of all of their assets.

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